CITY OF SANTA MONICA

 

CITY COUNCIL MINUTES

 

APRIL 27, 2004

 

A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:50 p.m., on Tuesday, April 27,  2004, at City Council Chambers, 1685 Main Street.

 

Roll Call:         Present:          Mayor Richard Bloom

Mayor Pro Tem Kevin McKeown                                       

Councilmember Michael Feinstein                                    

Councilmember Ken Genser

Councilmember Robert T. Holbrook (arrived at 7:30 p.m.)

Councilmember Herb Katz

Councilmember Pam O=Connor

 

Also Present: City Manager Susan McCarthy

City Attorney Marsha Jones Moutrie

Acting City Clerk Melodi Pearson

 

CONVENE/PLEDGE

On order of the Mayor, the City Council convened at 5:50 p.m., with Councilmember Holbrook absent.  Kathryn Engel, Transit Customer Relations Manager, led the assemblage in the Pledge of Allegiance.

 

CONSENT CALENDAR:

All items were considered and approved in one motion unless removed by a Councilmember for discussion.

 

Members of the public Joey Fuller and Pro Se expressed opinions on Consent Calendar items.

 

At the request of Mayor Pro Tem McKeown Item 1-B was  removed from the Consent Calendar.  At the request of Councilmember Genser requested Items 1-D and 1-F were removed from the Consent Calendar.  At the request of Councilmember Katz Item 1-G was removed from the Consent Calendar.

 

Motion by Councilmember Feinstein, seconded by Councilmember Katz, to approve all items on the Consent Calendar as presented except Items 1-B, 1-D, 1-F and 1-G, reading resolutions and ordinances by title only and waiving further reading thereof.  The motion was approved by the following vote:

 

AYES:             Councilmembers O=Connor, Genser, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom

NOES:            None

ABSENT:       Councilmember Holbrook

 

MINUTES     

1-A:     The minutes of the March 9, 2004, City Council meeting were approved as submitted.

 

STREET IMPROVEMENT PROJECT, PHASE IV

1-C:      Federal Street Improvement Project, Phase IV - recommendation to authorize the City Manager to negotiate and execute Contract No. 8337 (CCS) for the project with Silvia Construction, Incl., in the amount of $318,207; authorize the City Manager to negotiate and execute Contract No. 8338 (CCS) for construction management with DMR Team in the amount of $40,000; and, approve appropriation of funds as proposed, was approved.

 

WATER EFFICIENCY COMPETITIVE GRANT PROGRAM

1-E:     Criteria for Water Efficiency Competitive Grant Program - recommendation to approve the criteria for the Water Efficiency Competitive Grant Program to help fund exterior water efficiency projects throughout the community, was approved.

 

MAINLINE TRUCK

1-H:     Purchase of one mainline truck for tools and equipment - recommendation to reject other bid and award Bid No. 2866 to Los Angeles Freightliner, in the amount of $127,809.70, for one mainline truck for the Water Division, was approved.

 

CALIFORNIA OFFICE OF TRAFFIC SAFETY GRANT FUNDS

1-I:      Acceptance of grant funds from California Office of Traffic Safety -  recommendation to accept $28, 488 of California Office of Traffic Safety (OTS) Seat Belt Compliance Campaign mini-grant funding; authorize the City Manager to execute a revised grant agreement with OTS to accept the grant funds and continue the California Seat Belt Compliance Campaign; and approve the appropriation of funds, as proposed, was approved.

 

COPS GRANT FUNDS

1-J:     Designation of uses for COPS grant funds - recommendation to approve the proposed uses for $312,770 of State Citizens= Option for Public Safety (COPS) funds; approve acquisition of fifty new mobile data computers from Motorola, Inc., on a sole source basis; and approve the appropriation of funds, as proposed, was approved.

 

1301 4th STREET, 1333 4th STREET AND 1324-26 5th STREET

1-K:     Authorization to negotiate terms and conditions for possible purchase of real properties located at 1301 4th Street, 1333 4th Street, and 1324-26 5th Street, was approved.

 

SKATE PARK

1-B:     Skate Park at Memorial park Contract - recommendation to activate phase II of Design-Build Contract No. 8192 (CCS) with California Skate Parks, in the amount of $458,750, plus $46,250 in contingency, for construction of the Skate Park at Memorial Park, was presented.

 

Mayor Pro Tem McKeown stated that he removed this item from the Consent Calendar to ask if the design was being approved at the same time as the contract. 

 

Staff responded to Mayor Pro Tem=s question and provided additional information.

 

Motion by Councilmember Feinstein, seconded by Councilmember O=Connor, to approve staff recommendation.  The motion was approved by the following vote:

 

AYES:             Councilmembers Feinstein, Katz, Genser, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom

NOES:            None

ABSENT:       Councilmember Holbrook

 

DIAL-A-RIDE CONTRACT

1-D:     Dial-A-Ride Contract - recommendation to reject other bids and award Bid No. 2870 to Transportation Concepts at specified prices and authorize the City Manager to execute a three-year Contract No. 8339 (CCS) with Transportation Concepts to provide Dial-A-Ride paratransit services, was presented.

 

Councilmember Genser stated that he pulled this item to discuss the bid process.  Staff responded to Councilmember Genser=s questions.

 

Motion by Councilmember Feinstein, seconded by Councilmember Katz, to approve staff recommendation.  The motion was approved by the following vote:

 

AYES:             Councilmembers Feinstein, Katz, Genser, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom

NOES:            None

ABSENT:       Councilmember Holbrook

 

POLICE SEDANS

1-F:     Purchase of Police sedans - recommendation to award Bid No. 2876 to Villa Ford, in the amount of $198,422.16, to furnish and deliver nine gasoline powered sedans for the Police Department, was presented.

 

Councilmember Genser stated that he pulled this item just to make a statement and about possibly incorporating the City=s graphic identity into the design on the car.  Staff was directed to look into the cost and the possibility of incorporating the City=s graphic on the design of unmarked police administrative cars.

 

Motion by Councilmember Genser, seconded by Mayor Pro Tem McKeown, to approve staff recommendation.  The motion was approved by the following vote:

 

AYES:             Councilmembers Feinstein, Katz, Genser, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom

NOES:            None

ABSENT:       Councilmember Holbrook

 

BUS ADVERTISEMENT SERVICES

1-G:     Bus Advertisement Services - recommendation to award Bid No. 2872 to J. Perez Associates, Inc., in the amount $451,691, to provide bus advertisement posting services and on-board schedule rack stocking; and to authorize the City Manager to negotiate and execute a three-year Contract No. 8340 (CCS), was presented.

 

Councilmember Katz stated that he pulled this Item because he wanted clarification from staff of whether or not the City is spending money or taking in revenue.  Staff responded that the City would be taking in revenue.

 

Motion by Councilmember Katz, seconded by Councilmember Genser, to approve staff recommendation.  The motion was approved by the following vote:

 

AYES:             Councilmembers O=Connor, Genser, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom

NOES:            None

ABSENT:       Councilmember Holbrook

 

EMERGENCY ITEM ADDED TO CLOSED SESSION

The City Attorney requested that the City Council take a vote to add an emergency item to Closed Sessions.


Motion by Councilmember Genser, Seconded by Councilmember O=Connor, to add an emergency item, City of Santa Monica vs. Southern Cal Water, Case No. SC 064 682, to Closed Sessions.  The motion was approved by the following vote:

 

AYES:             Councilmembers O=Connor, Genser, Katz, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom

NOES:            None

ABSENT:       Councilmember Holbrook

 

CLOSED SESSIONS:

 

Councilmember Holbrook arrived at 7:30 p.m.

 

On order of the Mayor, the City Council recessed at 6:25 p.m. and reconvened to the regular meeting at 7:45 p.m., with all members present, to report the following:

 

2‑A:     Conference with real property negotiator:

Property: 1601 14th Street

City negotiator: Jeff Mathieu

Under negotiation: Interest in Real Property

Owner of Record:  Weyerhaeuser Company

 

ACTION:         Heard.  No reportable action taken.

 

2‑B:     Conference with real property negotiator:

Property: 1310 11th Street

City negotiator: Jeff Mathieu

Under negotiation: Interest in Real Property

Owner of Record:  SMMUSD

 

ACTION:         Not heard.

 

2‑C:     Conference with real property negotiator:

Property: 1707 ‑ 1717 4th Street

City negotiator: Jeff Mathieu

Under negotiation: Interest in Real Property

Owner of Record:  SMMUSD

 

ACTION:         Not heard.

 

2‑D:     Conference with real property negotiator:

Property: 1631 ‑ 1651 16th Street and

1630 ‑ 1648 17th Street

City negotiator: Jeff Mathieu

Under negotiation: Interest in Real Property

Owner of Record:  SMMUSD

 

ACTION:         Not heard.

 

2‑E:     Conference with real property negotiator:

Property: High School Property @ 4th & Pico

City negotiator: Jeff Mathieu

Under negotiation: Interest in Real Property

Owner of Record:  SMMUSD

 

ACTION:         Not heard.

 

2‑F:     Conference with Legal Counsel ‑ Existing Litigation:  Karen King v. City of Santa Monica, Case No. BC 291 272.

 

ACTION:         Heard.  No reportable action taken.

 

Councilmember Holbrook was excused at 7:48 p.m.

 

2‑G:     Conference with Legal Counsel ‑ Existing Litigation:  City of Santa Monica v. Shell Oil Co., Case No. 01CC4331.

 

Councilmember Holbrook excused himself from this vote due a possible conflict of interest in this item due to his ownership of stock in the company.

 

Motion by Mayor Pro Tem McKeown, seconded by Councilmember O=Connor, to approve settlement in the amount of $3,550,000.  The motion was approved by the following vote:

 

AYES:             Councilmembers Feinstein, Katz, Genser, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom

NOES:            None

ABSENT:       Councilmember Holbrook 

 

Councilmember Holbrook returned at 7:53 p.m.

 

2‑H:     Conference with Legal Counsel ‑ Existing Litigation:  David Levy, et al. v. City of Santa Monica, Case No. 063147.

 

ACTION:         Not heard.

 

2‑I:       Conference with Legal Counsel ‑ Existing Litigation:  Robert Holbrook and Herb Katz v. City of Santa Monica, Case No. BS 086 908.

 

ACTION:         Not heard.

 

2‑J:      Conference with Legal Counsel ‑ Existing Litigation:  Russell Barnard v. City of Santa Monica, Case No. BC 281 367.

 

ACTION:         Not heard.

 

2‑K:     Conference with Legal Counsel ‑ Anticipated Litigation.  Number of cases:  One.

 

ACTION:         Heard.  No reportable action taken.

 

2‑L:     Conference with Legal Counsel ‑ Existing Litigation:  Amalia Hernandez v. City of Santa Monica, Case No. SC 078 840.

 

ACTION:         Heard.  No reportable action taken.

 

EMERGENCY CLOSED SESSION ADDED

2‑M:    Conference with Legal Counsel ‑ Existing Litigation:  Southern California Water v. City of Santa Monica, Case No. SC 064682.

 

Motion by Councilmember Feinstein, seconded by Councilmember O=Connor, to approve settlement as follows:

 

In satisfaction of a settlement agreement previously agreed to in March 2002, the City agrees to purchase Southern California Water Company's Charnock Basin water rights and its MTBE litigation claims in the amount of $ 5,650,000.00.  The motion was approved by the following votes:

 

AYES:             Councilmembers O=Connor, Holbrook, Genser, Katz, Mayor Pro Tem McKeown, Mayor Bloom

NOES:            None

ABSENT:       None

 

Motion by Councilmember Feinstein, seconded by Councilmember Katz, to authorize the City Manager to negotiate and execute contracts associated with this settlement.  The motion was unanimously approved by voice vote with Councilmember Holbrook abstaining.         

 

SPECIAL AGENDA ITEMS

3-A:     Fire Chief Hone presented Commendations to Clarence Crites and Mary Ruth Newman, Santa Monica residents, for their intervention in assisting a heart attack victim.

 

3-B:     The Mayor issued a proclamation declaring May 2004 as Older American=s Month in the City of Santa Monica.

 

On order of the Mayor, the regular City Council meeting recessed at 8:00 p.m., and convened to a special joint meeting with the Redevelopment Agency, with all members present.

 

SPECIAL JOINT MEETING OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY:

 

STUDY SESSION:

 

PALISADES BLUFF IMPROVEMENT PROJECT

4-A:     Palisades Bluff Improvement Project - study session describing findings of geotechnical study for the project and presentation of mitigation strategies, was presented.

 

Members of the Public Joey Fullmer and Rob Rader expressed various concerns.

 

Motion by Councilmember O=Connor, seconded by Councilmember Katz, to receive and file information.  The motion was unanimously approved by voice vote, with all members present.

 

ADJOURNMENT OF JOINT MEETING

On order of the Mayor, the Special Joint Meeting was adjourned at 8:32 p.m., and the regular City Council meeting was reconvened with all members present. 

 

ORDINANCE:

 

SMOKING ORDINANCE

7-A:     Second reading and adoption of Ordinance No. 2122 (CCS) entitled:  AAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 4.44 OF THE SANTA MONICA MUNICIPAL CODE ON SMOKING TO PROHIBIT SMOKING ON THE BEACH AND THE PIER, IN WAITING AREA FOR PUBLIC SERVICES AND WITHIN 20 FEET OF AN ENTRANCE OR EXIT TO A PUBLIC FACILITY,@ was presented.                                                                               


Motion by Mayor Pro Tem McKeown, seconded by Councilmember Genser, to adopt ordinance, reading by title only and waiving further reading thereof.  The motion was approved by the following vote:

 

AYES:             Councilmembers Holbrook, Genser, Katz, Mayor Pro Tem McKeown, Mayor Bloom

NOES:            Councilmembers O=Connor, Feinstein

ABSENT:       None

 

Councilmember Feinstein stated for the record, that he voted in opposition of the ban this time and that while he has supported other community smoking bans, in this case he doesn=t think that staff made the connection of windy beaches and wide open spaces, and between one person=s smoke and the effects on the next person.

 

Motion by Councilmember Katz, seconded by Councilmember Genser to direct staff to prepare a resolution outlining items discussed during the meeting as follows:  1) allow smoking in the designated outdoor dining areas of Pier restaurants; 2) designated areas on the Pier be approved by the Fire Marshal and be constructed in a fire resistant manner; 3) that Pacific Park, when holding a special event, be exempt from the ban on smoking as long as the smoking is done in designated area assigned by the PRC, close to or in the Park; 4) smoking by actors as part of their roles in productions being filmed on the Pier be exempt; 5) that the resolution be returned to Council within the ordinance 30 day waiting period; 6) that the ordinance goes into effect when the designated areas in the resolution are approved by Council; 7) and, that enforcing the ban start after the 90-day education/warning period ends.  The motion was unanimously approved by a voice vote, with all members present. 

 

ZONING AND VENDING ORDINANCE: RESOLUTION AMENDING BAYSIDE SPECIFIC PLAN

7-B:     Introduction and first reading of an ordinance amending the Zoning Ordinance; introduction and first reading of an ordinance amending Municipal Code Section 6.36 regarding vending: and adopt a resolution amending the Bayside Specific Plan, as recommended by the Promenade User Task Force, was presented.

 

On order of the Mayor, this item was continued to a future meeting.

 

LAND USE PERMITS

7-C:     Introduction and first reading of an ordinance of the City of Santa Monica Amending Chapter 9 of the Municipal Code to conform the City=s hearing and processing requirements for discretionary land use Permits with the California Permit Streamlining Act and to modify or clarify the time for issuing temporary use permits and administrative approvals and adding Chapter 9.64 to establish a procedure for appealing certain environmental determinations to the City Council, was presented.

 

On order of the Mayor, this item was continued to a future meeting.

 

STAFF ITEMS:

 

BIG BLUE BUS FACILITY EXPANSION

8-A:     Big Blue Bus Facility Expansion - recommendation that Council approve the revised Expansion Plan for the Big Blue Bus Campus Expansion Project, was presented.

 

Members of the public Joey Fullmer and Chuck Allord spoke in opposition to this project. 

 

Motion by Mayor Bloom, seconded by Councilmember Katz, to approve staff recommendation with specific direction to pay particular attention to the aesthetic and the ingress and egress on 7th Street, taking into consideration comments made by the Councilmembers regarding the aesthetic.  The motion was approved by the following vote:

 

AYES:             Councilmembers Feinstein, Katz, Genser, Holbrook, O=Connor, Mayor Pro Tem McKeown, Mayor Bloom

NOES:            None

ABSENTS:    None

 

WRITTEN COMMUNICATIONS:

 

CLOSED SESSION

12-A:     Request from Jerry Rubin to address Council requesting that closed sessions be held on a different day from the regularly scheduled Council meeting, was presented.

 

On order of the Mayor, this item was received and filed.

 

COUNCILMEMBER ITEM:

 

FORMULA BUSINESS

13-A:     Request of Councilmember Feinstein to direct staff to conduct research on past trends and the current amount of formula retail on the Promenade; to consider the definition of formula retail from the November 11, 2003, staff report, and return to Council with recommendations, with the process timed s that the Bayside District can review the recommendations before returning to Council, was presented.

 

On order of the Mayor, item 10A to be heard concurrently with this item.

 

BOARDS & COMMISSION REPORTS:

 

FORMULA BUSINESS

10-A:     Request from Bayside District to discuss formula business on the Promenade, was presented. 

 

Members of the public John Warfel, Wally Marks, Bill Tucker, Johannes Van Tilberg, and Ned Landin spoke in support of formula retail.  Members of the public Rob Rader, Jerry Rubin, Janet Morris, Linda Piera-Avila, and Gary Stewart expressed additional concerns including but not limited to more parking, more security, and additional bathrooms on the Promenade.

 

Member of the public Jerry Rubin expressed various concerns regarding bringing the Police Substation back and having more family uses on the Promenade.

 

Motion by Councilmember Feinstein, seconded by Mayor Pro Tem McKeown, to approve staff recommendations amended to add recommendations including but not limited to an upward threshold of the amount of retail devoted to formula business, a conditional use permit process to approve formula retail, the ability to use public spaces to advance the goal of a balance of uses in the downtown area, and other formula business ideas that are advancing by either the Bayside District or members of the public.  The motion was approved by the following votes: 

 

AYES:             Councilmembers Genser, Feinstein, Mayor Pro Tem McKeown, Mayor Bloom

NOES:            Councilmembers O=Connor, Holbrook, Katz

ABSENTS:    None

 

On order of  Mayor Bloom, staff was directed to conduct research on past trends and the current amount of formula retail on the Promenade; to consider the definition of formula retail from the November 11, 2003, staff report, and return to Council with recommendations.

 

Councilmember O=Connor stated for the record that she voted in opposition because she feels that formula business  really needs to be integrated into the land use element and because the issue is bigger  than Bayside, and that Council needs to look into formula business in terms of the commercial corridor of Santa Monica.

 

Councilmember Katz stated for the record that he=d like for his Ano@ vote to reflect exactly what Councilmember O=Connor said, plus the fact that the City Council is voting on something the Councilmembers don=t even know if the City has the funds for.

 

Councilmember Holbrook was excused at 12:05 a.m.

 

COMMISSION FOR THE SENIOR COMMUNITY

13-B:     Appointment to one special vacancy on the Commission for the Senior Community for a term ending June 30, 2007 and appointment to a second special vacancy, for a term ending June 30, 2007.

 

On order of the Mayor, this item was continued to May 11, 2004

 

PERSONNEL BOARD

13-C:     Appointment to one annual vacancy on the Personnel Board for a term ending June 30, 2008, and one special vacancy for a term ending June 30, 2006.

 

On order of the Mayor, this item was continued to May 11, 2004.

 

SOCIAL SERVICES COMMISSION

13-D:    Appointment to one special vacancy on the Social Services Commission for a term ending June 30, 2007.

 

On order of the Mayor, the floor was opened for nominations for the term ending June 30, 2007.

 

Mayor Bloom nominated Marizsa Bravo.  There being no other nominations, Marizsa  Bravo was appointed by acclamation with Councilmember Holbrook absent.

 

PLAYA VISTA PHASE II

13-E:     Request of Mayor Pro Tem McKeown to authorize City of Santa Monica response to the Playa Vista Phase II (AVillage@) Enviornmental Impact Report, was presented.

 

Members of the public Linda Piera-Avila and Kathy Knight spoke in support of the request.

 

Motion by Mayor Pro Tem McKeown, seconded by Mayor Bloom to approve staff recommendation.  The motion was unanimously approved by voice vote, with Councilmember Holbrook absent.

 

SCHOOL FUNDING

13-F:     Request of Mayor Bloom for an update from staff on school funding discussions and possible direction to the City=s Liaison Committee members, was presented.

 

Members of the public John Deasy, Jose Escarce and Brian Hutchings expressed various concerns.

 

On order of the Mayor, the information was received and filed.

 

PUBLIC INPUT:

Member of the public Pro Se discussed matters related to honoring our troops.  Member of the public Ned Landin discussed matters related to street performers.  Member of the public Brian Hutchins expressed various opinions.

 

ADJOURNMENT:

On order of the Mayor, the City Council meeting adjourned  at  1:32 a.m., in memory of Wilma Leon.

 

ATTEST:                                                        APPROVED:

 

 

Melodi A. Pearson                                        Richard Bloom

Acting City Clerk                                           Mayor